79S30041 PAM-D
By: Eissler H.B. No. 55
A BILL TO BE ENTITLED
AN ACT
relating to the academic and fiscal accountability of public
schools and the improvement of public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. STATE AND REGIONAL GOVERNANCE
SECTION 1.01. Chapter 1, Education Code, is amended by
adding Section 1.005 to read as follows:
Sec. 1.005. EDUCATION RESEARCH CENTERS; SHARING STUDENT
INFORMATION. (a) In this section, "center" means a center for
education research authorized by this section.
(b) The commissioner of education and the commissioner of
higher education may establish not more than three centers for
education research for conducting research described by
Subsections (e) and (f).
(c) A center may be established as part of:
(1) the Texas Education Agency;
(2) the Texas Higher Education Coordinating Board; or
(3) a public junior college, public senior college or
university, or public state college, as those terms are defined by
Section 61.003.
(d) A center may be operated under a memorandum of
understanding between the commissioner of education, the
commissioner of higher education, and the governing board of an
educational institution described by Subsection (c)(3). The
memorandum of understanding must require the commissioner of
education, or a person designated by the commissioner, and the
commissioner of higher education, or a person designated by the
commissioner, to provide direct, joint supervision of the center
under this section.
(e) A center shall conduct research for the benefit of
education in this state, including research relating to the impact
of state and federal education programs, the performance of
educator preparation programs, public school finance, and the best
practices of school districts with regard to classroom instruction,
bilingual education programs, special language programs, and
business practices.
(f) The commissioner of education and the commissioner of
higher education:
(1) under the memorandum of understanding described by
Subsection (d), may require a center to conduct certain research
projects considered of particular importance to the state, as
determined by the commissioners; and
(2) not later than the 45th day before the date a
research project required to be conducted under this subsection is
scheduled to begin, shall notify the governor, the Legislative
Budget Board, and the governing body of the educational institution
in which the center is established that the research project is
required.
(g) In conducting research under this section, a center:
(1) may use data on student performance, including
data that is confidential under the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g), the center has
collected from the Texas Education Agency, the Texas Higher
Education Coordinating Board, the Educators' Professional
Practices Board, any public or private institution of higher
education, and any school district; and
(2) shall comply with rules adopted by the
commissioner of education and the commissioner of higher education
to protect the confidentiality of student information, including
rules establishing procedures to ensure that confidential student
information is not duplicated or removed from a center in an
unauthorized manner.
(h) The commissioner of education and the commissioner of
higher education may:
(1) accept gifts and grants to be used in operating one
or more centers; and
(2) by rule impose reasonable fees, as appropriate,
for the use of a center's research, resources, or facilities.
(i) This section does not authorize the disclosure of
student information that may not be disclosed under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g).
(j) The commissioner of education and the commissioner of
higher education shall adopt rules as necessary to implement this
section.
(k) In implementing this section, the commissioner of
education may use funds appropriated to the agency and available
for that purpose, including foundation school program funds.
SECTION 1.02. Subchapter A, Chapter 7, Education Code, is
amended by adding Sections 7.008 and 7.009 to read as follows:
Sec. 7.008. PUBLIC ACCESS TO PEIMS DATA. (a) The
commissioner with the assistance of an advisory panel described by
Subsection (b) shall develop a request for proposal for a qualified
third-party contractor to develop and implement procedures to make
available, through the agency Internet website, all financial and
academic performance data submitted through the Public Education
Information Management System (PEIMS) for school districts and
campuses.
(b) The commissioner shall appoint an advisory panel to
assist the commissioner in developing requirements for a system
that is easily accessible by the general public and contains
information of primary relevance to the public. The advisory panel
shall consist of:
(1) educators;
(2) interested stakeholders;
(3) business leaders; and
(4) other interested members of the public.
(c) The procedures developed under this section must
provide:
(1) a summarized format easily understood by the
public for reporting financial and academic performance
information on the agency Internet website; and
(2) the ability for those who access the Internet
website to view and download state, district, and campus level
information.
(d) This section does not authorize the disclosure of
student information that may not be disclosed under the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g). The commissioner shall adopt rules to protect the
confidentiality of student information.
(e) The procedures to make available, through the agency
Internet website, all financial and academic performance
information for school districts and campuses as described by this
section shall be implemented not later than August 1, 2007. This
subsection expires August 1, 2009.
Sec. 7.009. ELECTRONIC STUDENT RECORDS SYSTEM. (a) In this
section, "institution of higher education" has the meaning assigned
by Section 61.003.
(b) Each school district, open-enrollment charter school,
and institution of higher education shall participate in an
electronic student records system that satisfies standards
approved by the commissioner of education and the commissioner of
higher education.
(c) The electronic student records system must permit an
authorized state or district official or an authorized
representative of an institution of higher education to
electronically transfer to and from an educational institution in
which the student is enrolled and retrieve student transcripts,
including information concerning a student's:
(1) course or grade completion;
(2) teachers of record;
(3) assessment instrument results;
(4) receipt of special education services, including
placement in a special education program and the individualized
education program developed; and
(5) personal graduation plan as described by Section
28.0212.
(d) The commissioner of education or the commissioner of
higher education may solicit and accept grant funds to maintain the
electronic student records system and to make the system available
to school districts, open-enrollment charter schools, and
institutions of higher education.
(e) A private or independent institution of higher
education, as defined by Section 61.003, may participate in the
electronic student records system under this section. If a private
or independent institution of higher education elects to
participate, the institution must provide the funding to
participate in the system.
(f) Any person involved in the transfer and retrieval of
student information under this section is subject to any state or
federal law governing the release of or providing access to any
confidential information to the same extent as the educational
institution from which the data is collected. A person may not
release or distribute the data to any other person in a form that
contains confidential information.
(g) The electronic student records system shall be
implemented not later than the beginning of the 2007-2008 school
year. This subsection expires September 1, 2008.
ARTICLE 2. ACCOUNTABILITY
SECTION 2.01. Subchapter A, Chapter 7, Education Code, is
amended by adding Section 7.010 to read as follows:
Sec. 7.010. BEST PRACTICES; CLEARINGHOUSE. (a) In
coordination with the Legislative Budget Board, the agency shall
establish an online clearinghouse of information relating to best
practices of campuses and school districts regarding instruction,
resource allocation, and business practices. To the extent
practicable, the agency shall ensure that information provided
through the online clearinghouse is specific, actionable
information relating to the best practices of high-performing and
highly efficient campuses and school districts rather than general
guidelines relating to campus and school district operation. The
information must be accessible by campuses, school districts, and
interested members of the public.
(b) The agency shall solicit and collect from the
Legislative Budget Board, centers for education research
established under Section 1.005, and exemplary or recognized school
districts and open-enrollment charter schools, as rated under
Section 39.072, examples of best practices relating to instruction,
resource allocation, and business practices, including best
practices relating to curriculum, scope and sequence, compensation
and incentive systems, bilingual education and special language
programs, compensatory education programs, and the effective use of
instructional technology, including online courses.
(c) The agency shall contract for the services of one or
more third-party contractors to develop, implement, and maintain a
system of collecting and evaluating the best practices of campuses
and school districts as provided by this section. In addition to
any other considerations required by law, the agency must consider
an applicant's demonstrated competence and qualifications in
analyzing campus and school district practices in awarding a
contract under this subsection.
(d) The commissioner may purchase from available funds
curriculum and other instructional tools identified under this
section to provide for use by school districts.
SECTION 2.02. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.0571 to read as follows:
Sec. 7.0571. INFORMAL REVIEW BY COMMISSIONER. (a) The
commissioner shall adopt rules under which a school district,
open-enrollment charter school, or other person that wishes to
challenge an agency decision made under Chapter 39 must petition
the commissioner for an informal review by the commissioner of the
decision.
(b) The commissioner may limit a review under this section
to a written submission of any issue identified by the
commissioner.
(c) A final decision under this section is final and may not
be appealed under Section 7.057 or any other law.
SECTION 2.03. Subchapter E, Chapter 11, Education Code, is
amended by adding Section 11.203 to read as follows:
Sec. 11.203. SCHOOL LEADERSHIP PILOT PROGRAM FOR
PRINCIPALS. (a) The agency shall develop and implement a school
leadership pilot program for principals in cooperation with a
nonprofit corporation that has substantial experience in
developing best practices to improve leadership skills, student
achievement, student graduation rates, and teacher retention.
(b) The agency shall consult business schools, departments,
or programs at institutions of higher education to develop program
course work that focuses on management and business training.
(c) A principal or a person interested in becoming a
principal may apply for participation in the program, in a form and
manner determined by the commissioner.
(d) A principal of a campus rated academically
unacceptable, as well as any person employed to replace that
principal, shall participate in the program and complete the
program requirements not later than a date determined by the
commissioner.
(e) To pay the costs of administering the program, the
commissioner shall retain a portion of the total amount of funds
allotted under the Foundation School Program that the commissioner
considers appropriate to finance activities under this section and
shall reduce the total amount of state funds allocated to each
district from any source in the same manner described for a
reduction in allotments under Section 42.253.
(e-1) For the state fiscal biennium beginning September 1,
2005, the amount set aside under Subsection (e) may not exceed $3.6
million. This subsection expires August 31, 2007.
(f) To implement and administer the program, the
commissioner may accept grants, gifts, and donations from public
and private entities.
(g) The commissioner may adopt rules necessary to
administer this section.
(h) During the first semester of the 2008-2009 school year,
the agency shall evaluate the effectiveness of the program in
developing and enhancing the ability of principals participating in
the program to provide school leadership and improve student
achievement and graduation rates and teacher retention. Not later
than January 1, 2009, the agency shall submit a report explaining
the results of the study to the governor, lieutenant governor,
speaker of the house of representatives, and the presiding officers
of the standing committees of each house of the legislature with
primary jurisdiction over public education.
(i) This section expires September 1, 2010.
SECTION 2.04. Section 28.006(j), Education Code, is amended
to read as follows:
(j) No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.051(b)(8) [39.051(b)(7)]
and may implement sanctions under Subchapter G, Chapter 39. The
commissioner may audit the expenditures of funds appropriated for
purposes of this section. The use of the funds appropriated for
purposes of this section shall be verified as part of the district
audit under Section 44.008.
SECTION 2.05. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.034 to read as follows:
Sec. 39.034. MEASURE OF ANNUAL IMPROVEMENT IN STUDENT
ACHIEVEMENT. (a) The commissioner shall determine a method by
which the agency may measure annual improvement in student
achievement from one school year to the next on an assessment
instrument required under this subchapter.
(b) For students of limited English proficiency, as defined
by Section 29.052, the agency shall use a student's performance
data on reading proficiency assessment instruments in English to
calculate the student's progress toward proficiency in English.
(c) The agency shall use a student's previous years'
performance data on an assessment instrument required under this
subchapter to determine the student's expected annual improvement.
The agency shall report that expected level of annual improvement
and the actual level of annual improvement achieved to the
district. The report must state whether the student fell below,
met, or exceeded the agency's expectation for improvement.
(d) The agency shall determine the necessary annual
improvement required each year for a student to be prepared to pass
the exit-level assessment instrument required under this
subchapter for graduation. The agency shall report the necessary
annual improvement required to the district. Each year, the report
must state whether the student fell below, met, or exceeded the
necessary target for improvement.
(e) The agency shall report to each school district the
comparisons made under this section. Each school district shall
provide the comparisons to each teacher for all students who were:
(1) assessed on an assessment instrument; and
(2) taught by that teacher in the subject for which the
assessment instrument was administered.
(f) The school a student attends shall provide a record of
the comparisons made under this section and provided to the school
under Subsection (e) in a written notice to the student's parents.
(g) To the extent practicable, the agency shall combine the
report of the comparisons required under this section with the
report of the student's performance on assessment instruments
administered under Section 39.023.
(h) The commissioner shall implement this section not later
than May 1, 2007. This subsection expires January 1, 2008.
SECTION 2.06. Section 39.051(b), Education Code, as amended
by Chapters 433 and 805, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
(b) Performance on the indicators adopted under this
section shall be compared to state-established standards. The
degree of change from one school year to the next in performance on
each indicator adopted under this section shall also be considered.
The indicators must be based on information that is disaggregated
by race, ethnicity, gender, and socioeconomic status and must
include:
(1) the results of assessment instruments required
under Sections 39.023(a), (c), and (l), aggregated by grade level
and subject area;
(2) dropout rates, including dropout rates and
district completion rates for grade levels 9 through 12, computed
in accordance with standards and definitions adopted by the
National Center for Education Statistics of the United States
Department of Education;
(3) high school graduation rates, computed in
accordance with standards and definitions adopted in compliance
with the [federal] No Child Left Behind Act of 2001 (Pub. L. No.
107-110);
(4) student attendance rates;
(5) the percentage of graduating students who attain
scores on the secondary exit-level assessment instruments required
under Subchapter B that are equivalent to a passing score on the
assessment [test] instrument required under Section 51.3062
[51.306];
(6) the percentage of graduating students who meet the
course requirements established for the recommended high school
program by State Board of Education rule;
(7) the results of the Scholastic Assessment Test
(SAT), the American College Test (ACT), articulated postsecondary
degree programs described by Section 61.852, and certified
workforce training programs described by Chapter 311, Labor Code;
(8) the number and percentage of students, aggregated
by grade level, provided accelerated instruction under Section
28.0211(c), the results of assessments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily, and the performance of those students in the school
year following that promotion on the assessment instruments
required under Section 39.023;
(9) for students who have failed to perform
satisfactorily on an assessment instrument required under Section
39.023(a) or (c), the numerical progress of those students grouped
by number and percentage on subsequent assessment instruments
required under those sections, aggregated by grade level and
subject area;
(10) the percentage of students exempted, by exemption
category, from the assessment program generally applicable under
this chapter; [and]
(11) the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(3) and (4);
(12) the percentage of students in a special education
program under Subchapter A, Chapter 29, assessed through assessment
instruments developed or adopted under Section 39.023(b);
(13) the measure of progress toward preparation for
postsecondary success; and
(14) the measure of progress toward English language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052.
SECTION 2.07. Section 39.051(d), Education Code, is amended
to read as follows:
(d) Annually, the commissioner shall define exemplary,
recognized, and unacceptable performance for each academic
excellence indicator included under Subsections (b)(1) through (7)
[(6)] and shall project the standards for each of those levels of
performance for succeeding years. For the indicator under
Subsection (b)(8) [(b)(7)], the commissioner shall define
exemplary, recognized, and unacceptable performance based on
student performance for the period covering both the current and
preceding academic years. In defining exemplary, recognized, and
unacceptable performance for the indicators under Subsections
(b)(2) and (4) [(3)], the commissioner may not consider as a dropout
or as a student who has failed to attend school a student whose
failure to attend school results from:
(1) the student's expulsion under Section 37.007; and
(2) as applicable:
(A) adjudication as having engaged in delinquent
conduct or conduct indicating a need for supervision, as defined by
Section 51.03, Family Code; or
(B) conviction of and sentencing for an offense
under the Penal Code.
SECTION 2.08. Section 39.052(b), Education Code, is amended
to read as follows:
(b) The report card shall include the following
information:
(1) where applicable, the academic excellence
indicators adopted under Sections 39.051(b)(1) through (10) [(9)];
(2) average class size by grade level and subject;
(3) the administrative and instructional costs per
student, computed in a manner consistent with Section 44.0071; and
(4) the district's instructional expenditures ratio
and instructional employees ratio computed under Section 44.0071,
and the statewide average of those ratios, as determined by the
commissioner.
SECTION 2.09. Section 39.071, Education Code, is amended to
read as follows:
Sec. 39.071. ACCREDITATION. (a) Accreditation of a school
district is determined in accordance with this section
[subchapter]. The commissioner by rule shall define the following
accreditation statuses:
(1) accredited;
(2) accredited-warned; and
(3) accredited-probation.
(b) Each year, the commissioner shall determine the
accreditation status of each school district. In determining
accreditation status, the commissioner:
(1) shall evaluate and consider the performance of the
district under:
(A) the academic accountability system under
Section 39.072; and
(B) the financial accountability system under
Subchapter I; and
(2) may consider:
(A) the district's compliance with statutory
requirements and requirements imposed by rule of the commissioner
or State Board of Education under specific statutory authority that
relate to:
(i) reporting data through the Public
Education Information Management System (PEIMS) or other reports
required by state or federal law or court order;
(ii) the high school graduation
requirements under Section 28.025; or
(iii) an item listed under Sections
7.056(e)(3)(C)-(I) that applies to the district;
(B) the effectiveness of the district's programs
for special populations; and
(C) the effectiveness of the district's career
and technology program.
(c) Based on a school district's performance under
Subsection (b), the commissioner shall:
(1) assign a district an accreditation status; or
(2) revoke the accreditation of the district and order
closure of the district under this subchapter.
(d) The commissioner shall notify a school district that
receives an accreditation status of accredited-warned or
accredited-probation that the performance of the district is below
a standard required under this section. The commissioner shall
require the district to notify the parents of students enrolled in
the district and property owners in the district of the district's
accreditation status and the implications of that accreditation
status.
(e) A school district that is not accredited may not
receive funds from the agency or hold itself out as operating a
public school of this state.
(f) This chapter may not be construed to invalidate a
diploma awarded, course credit earned, or grade promotion granted
by a school district before the commissioner revoked the district's
accreditation.
SECTION 2.10. Sections 39.072(b) and (c), Education Code,
are amended to read as follows:
(b) The academic excellence indicators adopted under
Sections 39.051(b)(1) through (8) [(7)] and the district's current
special education compliance status with the agency shall be the
main considerations of the agency in the rating of the district
under this section. Additional criteria in the rules may include
consideration of:
(1) compliance with statutory requirements and
requirements imposed by rule of the State Board of Education under
specific statutory authority that relate to:
(A) reporting data through the Public Education
Information Management System (PEIMS);
(B) the high school graduation requirements
under Section 28.025; or
(C) an item listed in Sections
7.056(e)(3)(C)-(I) that applies to the district;
(2) the effectiveness of the district's programs for
special populations; and
(3) the effectiveness of the district's career and
technology programs.
(c) The agency shall evaluate against state standards and
shall, not later than August 1 of each year, report the performance
of each campus in a district and each open-enrollment charter
school on the basis of the campus's performance on the indicators
adopted under Sections 39.051(b)(1) through (8) [(7)].
Consideration of the effectiveness of district programs under
Subsection (b)(2) or (3) must be based on data collected through the
Public Education Information Management System for purposes of
accountability under this chapter and include the results of
assessments required under Section 39.023.
SECTION 2.11. Sections 39.073(a) and (b), Education Code,
are amended to read as follows:
(a) The agency shall annually review the performance of each
district and campus on the indicators adopted under Sections
39.051(b)(1) through (8) [(7)] and determine if a change in the
accreditation status of the district is warranted. The
commissioner may determine how all indicators adopted under Section
39.051(b) may be used to determine accountability ratings and to
select districts and campuses for acknowledgment.
(b) Each annual review shall include an analysis of the
indicators under Sections 39.051(b)(1) through (8) [(6)] to
determine district and campus performance in relation to:
(1) standards established for each indicator;
(2) required improvement as defined under Section
39.051(c); and
(3) comparable improvement as defined by Section
39.051(c).
SECTION 2.12. Section 39.074(e), Education Code, is amended
to read as follows:
(e) If an annual review indicates low performance on one or
more of the indicators under Sections 39.051(b)(1) through (8)
[(7)] of one or more campuses in a district, the agency may conduct
an on-site evaluation of those campuses only.
SECTION 2.13. Section 39.131, Education Code, is amended to
read as follows:
Sec. 39.131. SANCTIONS FOR DISTRICTS. (a) If a school
district does not satisfy the accreditation criteria under Section
39.071, the academic performance standards under Section 39.072, or
any financial accountability standard as determined by
commissioner rule, the commissioner shall take any of the following
actions[, listed in order of severity,] to the extent the
commissioner determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
unacceptable performance, the improvements in performance expected
by the agency, and the sanctions that may be imposed under this
section if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each academic excellence indicator
for which the district's performance is unacceptable, the
submission of the plan to the commissioner for approval, and
implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange an on-site investigation of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of unacceptable performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, is [been] rated [as]
academically unacceptable, or fails to satisfy financial
accountability standards as determined by commissioner rule [for a
period of one year or more], appoint a board of managers to exercise
the powers and duties of the board of trustees;
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has been
rated academically unacceptable, or has failed to satisfy financial
accountability standards as determined by commissioner rule,
revoke the district's accreditation and [been rated as academically
unacceptable for a period of two years or more]:
(A) order closure of the district and annex the
district to one or more adjoining districts under Section 13.054;
or
(B) in the case of a home-rule school district or
open-enrollment charter school, order closure of all programs
operated under the district's or school's charter; or
(11) if a district has been rated [as] academically
unacceptable for [a period of] two consecutive school years,
including the current school year, [or more] due to the district's
dropout rates, impose sanctions designed to improve high school
completion rates, including:
(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling.
(b) This subsection applies regardless of whether a
district has satisfied the accreditation criteria. If for two
consecutive school years, including the current school year, [a
period of one year or more] a district has had a conservator or
management team assigned, the commissioner may appoint a board of
managers, a majority of whom must be residents of the district, to
exercise the powers and duties of the board of trustees.
SECTION 2.14. Section 39.132, Education Code, is amended to
read as follows:
Sec. 39.132. SANCTIONS FOR ACADEMICALLY UNACCEPTABLE AND
CERTAIN OTHER CAMPUSES. [(a)] If a campus performance is below any
standard under Section 39.073(b), the campus is considered an
academically unacceptable [a low-performing] campus. The
commissioner may permit the campus to participate in an innovative
redesign of the campus to improve campus performance or shall [may]
take any of the other following actions[, listed in order of
severity], to the extent the commissioner determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
at the campus for the purpose of:
(A) notifying the public of the unacceptable
performance, the improvements in performance expected by the
agency, and the sanctions that may be imposed under this section if
the performance does not improve within a designated period of
time; and
(B) soliciting public comment on the initial
steps being taken to improve performance;
(3) [order the preparation of a report regarding the
parental involvement program at the campus and a plan describing
strategies for improving parental involvement at the campus;
[(4) order the preparation of a report regarding the
effectiveness of the district- and campus-level planning and
decision-making committees established under Subchapter F, Chapter
11, and a plan describing strategies for improving the
effectiveness of those committees;
[(5)] order the preparation of a student [achievement]
improvement plan that addresses each academic excellence indicator
for which the campus's performance is unacceptable, the submission
of the plan to the commissioner for approval, and implementation of
the plan;
(4) [(6)] order a hearing to be held before the
commissioner or the commissioner's designee at which the president
of the board of trustees, the superintendent, and the campus
principal shall appear and explain the campus's low performance,
lack of improvement, and plans for improvement;
(5) appoint a technical assistance team under Section
39.1321; or
(6) appoint a campus intervention team under Section
39.1321.
[(7) appoint a special campus intervention team to:
[(A) conduct a comprehensive on-site evaluation
of the campus to determine the cause for the campus's low
performance and lack of progress;
[(B) recommend actions, including reallocation
of resources and technical assistance, changes in school procedures
or operations, staff development for instructional and
administrative staff, intervention for individual administrators
or teachers, waivers from state statute or rule, or other actions
the team considers appropriate;
[(C) assist in the development of a campus plan
for student achievement; and
[(D) assist the commissioner in monitoring the
progress of the campus in implementing the campus plan for
improvement of student achievement; or
[(8) if a campus has been a low-performing campus for a
period of one year or more, appoint a board of managers composed of
residents of the district to exercise the powers and duties of the
board of trustees of the district in relation to the campus.
[(b) If a campus has been a low-performing campus for a
period of two consecutive years or more, the commissioner shall
order the closure of the district or charter program on the campus
or reconstitute the campus. In reconstituting the campus, a
special campus intervention team shall be assembled for the purpose
of deciding which educators may be retained at that campus. If an
educator is not retained, the educator may be assigned to another
position in the district.]
SECTION 2.15. Subchapter G, Chapter 39, Education Code, is
amended by adding Sections 39.1321, 39.1322, 39.1323, 39.1325, and
39.1326 to read as follows:
Sec. 39.1321. TECHNICAL ASSISTANCE AND CAMPUS INTERVENTION
TEAMS. (a) If a campus is rated academically acceptable for the
current school year but would be rated as academically unacceptable
if performance standards to be used for the following school year
were applied to the current school year, the commissioner shall
select and assign a technical assistance team to assist the campus
in executing a school improvement plan and any other school
improvement strategies the commissioner determines appropriate.
The commissioner may waive the requirement to assign a technical
assistance team under this subsection if the improvement in
performance standards among all student groups, including special
populations, over the preceding three years indicates that the
campus is likely to be rated academically acceptable in the
following school year.
(b) If a campus has been identified as academically
unacceptable under Section 39.132, the commissioner shall appoint a
campus intervention team.
(c) To the extent practicable, the commissioner shall
select and assign the technical assistance team under Subsection
(a) or the campus intervention team under Subsection (b) before the
first day of instruction for the school year.
(d) The commissioner may determine when the services of a
technical assistance team or campus intervention team are no longer
needed at a campus under this section.
Sec. 39.1322. CAMPUS INTERVENTION TEAM PROCEDURES. (a) A
campus intervention team shall:
(1) conduct a comprehensive on-site evaluation of the
campus to determine the cause for the campus's low performance and
lack of progress;
(2) recommend actions, including reallocation of
resources and technical assistance, changes in school procedures or
operations, staff development for instructional and administrative
staff, intervention for individual administrators or teachers,
waivers from state statute or rule, or other actions the team
considers appropriate;
(3) assist in the development of a school improvement
plan for student achievement; and
(4) assist the commissioner in monitoring the progress
of the campus in implementing the school improvement plan for
improvement of student achievement.
(b) A campus intervention team assigned under Section
39.1321 to a campus shall conduct a comprehensive on-site
evaluation of the campus to determine the cause for the campus's low
performance and lack of progress. The team shall have wide latitude
to determine what factors to assess and how to conduct the
assessment.
(c) On completing the evaluation under this section, the
campus intervention team shall recommend actions, including:
(1) reallocation of resources;
(2) distribution of additional funds to the campus
from funds set aside by the agency for purposes of assisting
campuses in meeting standards specified in the intervention plan;
(3) technical assistance;
(4) changes in school procedures or operations;
(5) staff development for instructional and
administrative staff;
(6) intervention for individual administrators or
teachers;
(7) waivers from state statutes or rules; or
(8) other actions the campus intervention team
considers appropriate.
(d) In executing a school improvement plan developed under
Subsection (a)(3), the campus intervention team shall:
(1) assist the campus in implementing research-based
practices for curriculum development and classroom instruction,
including bilingual education and special education programs, if
appropriate, and financial management;
(2) provide research-based technical assistance,
including data analysis, academic deficiency identification,
intervention implementation, and budget analysis, to strengthen
and improve the instructional programs at the campus; and
(3) submit the school improvement plan to the
commissioner for approval.
(e) A campus intervention team appointed under Section
39.1321(b):
(1) shall continue to work with a campus until:
(A) the campus is rated academically acceptable
for a two-year period; or
(B) the campus is rated academically acceptable
for a one-year period and the commissioner determines that the
campus is operating and will continue to operate in a manner that
improves student achievement; and
(2) may continually update the school improvement
plan, with approval from the commissioner, to meet the needs of the
campus.
(f) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus for which an
intervention is ordered under Section 39.1321(b) is not fully
implementing the campus intervention team's recommendations or
school improvement plan, the commissioner may order the
reconstitution of the campus, pursue alternative management of the
campus as provided by Section 39.1326, or order closure of the
campus.
Sec. 39.1323. MANDATORY SANCTIONS. (a) If a campus has
been identified as academically unacceptable for two consecutive
school years, including the current school year, the commissioner
shall order the reconstitution of the campus and assign a campus
intervention team. In reconstituting the campus, a campus
intervention team shall assist the campus in:
(1) developing a school improvement plan;
(2) obtaining approval of the plan from the
commissioner; and
(3) executing the plan on approval by the
commissioner.
(b) The campus intervention team shall decide which
educators may be retained at that campus. A principal who has been
employed by the campus in that capacity during the full two-year
period described by Subsection (a) may not be retained at that
campus. A teacher of a subject assessed by an assessment instrument
under Section 39.023 may be retained only if the campus
intervention team determines that a pattern exists of significant
academic improvement by students taught by the teacher. If an
educator is not retained, the educator may be assigned to another
position in the district.
(c) A campus subject to Subsection (a) shall implement the
school improvement plan as approved by the commissioner. The
commissioner may appoint a monitor, conservator, management team,
or a board of managers to the district to ensure and oversee the
implementation of the school improvement plan.
(d) Notwithstanding any other provision of this subchapter,
if the commissioner determines that a campus subject to Subsection
(a) is not fully implementing the school improvement plan, the
commissioner may pursue alternative management of the campus as
under Section 39.1326 or may order closure of the campus.
(e) If a campus is considered an academically unacceptable
campus for more than two consecutive school years, the commissioner
may order reconstitution or closure of the campus or pursue
alternative management under Section 39.1326.
(f) If a campus is considered an academically unacceptable
campus for the subsequent school year after the campus is
reconstituted under this section, the commissioner shall review the
progress of the campus and may pursue alternative management under
Section 39.1326.
(g) If a campus is considered academically unacceptable for
two consecutive school years after the campus is reconstituted
under this section, the commissioner shall order closure of the
campus or pursue alternative management under Section 39.1326.
Sec. 39.1325. TRANSITIONAL SANCTIONS PROVISIONS. For the
2006-2007 school year, the commissioner shall assign a campus
intervention team or a technical assistance team to a campus under
Section 39.1321 on the basis of academic performance ratings for
the 2005-2006 school year. The commissioner may impose a sanction
on a campus under Section 39.1322(f) or 39.1323(a) or (e) on the
basis of academic performance ratings for the 2005-2006 school year
and the 2006-2007 school year. A sanction ordered by the
commissioner before July 1, 2006, shall remain in effect for the
2006-2007 school year. The commissioner may allow a principal
subject to Section 39.1323(b) to remain at a campus for the
2006-2007 school year. This section expires September 1, 2008.
Sec. 39.1326. MANAGEMENT OF CERTAIN ACADEMICALLY
UNACCEPTABLE CAMPUSES. (a) A campus may be subject to this section
if the campus has been identified as academically unacceptable
under Section 39.132 and the commissioner orders alternative
management under Section 39.1323(e) or (f).
(b) The commissioner shall solicit proposals from qualified
nonprofit entities to assume management of a campus subject to this
section.
(c) If the commissioner determines that the basis for
identifying a campus as academically unacceptable is limited to a
specific condition that may be remedied with targeted technical
assistance, the commissioner may:
(1) provide the campus a one-year waiver under this
section; and
(2) require the district to contract for the
appropriate technical assistance.
(d) The commissioner may annually solicit proposals under
this section for the management of a campus subject to this section.
The commissioner shall notify a qualified nonprofit entity that has
been approved as a provider under this section. The district must
execute a contract with an approved provider and relinquish control
of the campus before January 1 of the school year.
(e) To qualify for consideration as a managing entity under
this section, the entity must submit a proposal that provides
information relating to the entity's management and leadership team
that will participate in management of the campus under
consideration, including information relating to individuals that
have:
(1) documented success in whole school interventions
that increased the educational and performance levels of students
in academically unacceptable campuses;
(2) a proven record of effectiveness with programs
assisting low-performing students;
(3) a proven ability to apply research-based school
intervention strategies;
(4) a proven record of financial ability to perform
under the management contract; and
(5) any other experience or qualifications the
commissioner determines necessary.
(f) In selecting a managing entity under this section, the
commissioner shall give preference to a nonprofit entity that:
(1) meets any qualifications under this section; and
(2) has documented success in educating students from
similar demographic groups and with similar educational needs as
the students who attend the campus that is to be operated by a
managing entity under this section.
(g) The school district may negotiate the term of a
management contract for not more than five years with an option to
renew the contract. The management contract must include a
provision describing the district's responsibilities in supporting
the operation of the campus. The commissioner shall approve the
contract before the contract is executed and, as appropriate, may
require the district, as a term of the contract, to support the
campus in the same manner as the district was required to support
the campus before the execution of the management contract.
(h) A management contract under this section shall include
provisions approved by the commissioner that require the managing
entity to demonstrate improvement in campus performance, including
negotiated performance measures. The performance measures must be
consistent with the priorities of this chapter. The commissioner
shall evaluate a managing entity's performance on the first and
second anniversaries of the date of the management contract. If the
evaluation fails to demonstrate improvement as negotiated under the
contract by the first anniversary of the date of the management
contract, the district may terminate the management contract, with
the commissioner's consent, for nonperformance or breach of
contract and select another provider from an approved list provided
by the commissioner. If the evaluation fails to demonstrate
significant improvement, as determined by the commissioner, by the
second anniversary of the date of the management contract, the
district shall terminate the management contract and select another
provider from an approved list provided by the commissioner or
resume operation of the campus if approved by the commissioner. If
the commissioner approves the district's operation of the campus,
the commissioner shall assign a technical assistance team to assist
the campus.
(i) Notwithstanding any other provision of this code, the
funding for a campus operated by a managing entity must be not less
than the funding of the other campuses in the district on a per
student basis so that the managing entity receives at least the same
funding the campus would otherwise have received.
(j) Each campus operated by a managing entity under this
section is subject to this chapter in the same manner as any other
campus in the district.
(k) The commissioner may adopt rules necessary to implement
this section.
(l) With respect to the management of a campus under this
section:
(1) a managing entity is considered to be a
governmental body for purposes of Chapters 551 and 552, Government
Code; and
(2) any requirement in Chapter 551 or 552, Government
Code, that applies to a school district or the board of trustees of
a school district applies to a managing entity.
SECTION 2.16. Subchapter G, Chapter 39, Education Code, is
amended by adding Sections 39.1331 and 39.1332 to read as follows:
Sec. 39.1331. ACQUISITION OF PROFESSIONAL SERVICES. In
addition to other sanctions authorized under Sections 39.131 and
39.132, the commissioner may order a school district or campus to
acquire professional services at the expense of the district or
campus to address the applicable financial, assessment, data
quality, program, or governance deficiency. The commissioner's
order may require the district or campus to:
(1) select an external auditor, data quality expert,
professional authorized to monitor district assessment instrument
administration, or curriculum or program expert; or
(2) provide for the appropriate training of district
staff or board of trustees members in the case of a district, or
campus staff, in the case of a campus.
Sec. 39.1332. FINALITY OF DECISION BY COMMISSIONER. (a) A
school district or open-enrollment charter school that wishes to
challenge a decision to impose a sanction under this subchapter,
including a decision to close a district, school, or campus, must
petition for an informal review as provided by Section 7.0571.
(b) A final decision by the commissioner to impose a
sanction under this subchapter, including a decision to close a
school district or a campus, following a review under Section
7.0571 is final and may not be appealed.
(c) A school district may not collaterally contest an
academic performance rating or other accreditation standard as part
of the review of a sanction under this subchapter if a review
opportunity has already been provided for the academic performance
rating.
SECTION 2.17. Section 39.134, Education Code, is amended to
read as follows:
Sec. 39.134. COSTS PAID BY DISTRICT. The costs of providing
a monitor, conservator, management team, [or special] campus
intervention team, technical assistance team, managing entity
under Section 39.1326, or service provider under Section 39.1331
shall be paid by the district. If the district fails or refuses to
pay the costs in a timely manner, the commissioner may:
(1) pay the costs using amounts withheld from any
funds to which the district is otherwise entitled; or
(2) recover the amount of the costs in the manner
provided for recovery of an overallocation of state funds under
Section 42.258.
SECTION 2.18. (a) Not later than the 2007-2008 school year,
the Texas Education Agency shall collect information concerning:
(1) the measure of progress toward preparation for
postsecondary success for purposes of Section 39.051(b)(13),
Education Code, as added by this Act; and
(2) the measure of progress toward English language
proficiency for purposes of Section 39.051(b)(14), Education Code,
as added by this Act.
(b) Not later than the 2008-2009 school year, the Texas
Education Agency shall include, in evaluating the performance of
school districts, campuses, and open-enrollment charter schools
under Subchapter D, Chapter 39, Education Code:
(1) the measure of progress toward preparation for
postsecondary success under Section 39.051(b)(13), Education Code,
as added by this Act; and
(2) the measure of progress toward English language
proficiency under Section 39.051(b)(14), Education Code, as added
by this Act.
ARTICLE 3. SCHOOL DISTRICT EFFICIENCY
SECTION 3.01. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.003 to read as follows:
Sec. 11.003. ADMINISTRATIVE EFFICIENCY. (a) Not later
than December 1, 2006, the commissioner shall evaluate the
feasibility of including a uniform indicator under Section
39.202(b) that measures effective administrative management
through the use of cooperative shared services arrangements. If
the commissioner determines that the adoption of a uniform
indicator described by this subsection is feasible, the
commissioner by rule shall include the indicator in the financial
accountability rating system under Subchapter I, Chapter 39, for
school districts beginning with the 2007-2008 school year. This
subsection expires September 1, 2009.
(b) Each regional education service center shall:
(1) notify each school district served by the center
regarding the opportunities available through the center for
cooperative shared services arrangements within the center's
service area; and
(2) evaluate the need for cooperative shared services
arrangements within the center's service area and consider
expanding center-sponsored cooperative shared services
arrangements.
(c) Each regional education service center shall assist a
school district board of trustees in entering into an agreement
with another district or political subdivision, a regional
education service center, or an institution of higher education as
defined by Section 61.003, for a cooperative shared services
arrangement regarding administrative services, including
transportation, food service, purchasing, and payroll functions.
(d) The commissioner may require a district or an
open-enrollment charter school to enter into an agreement for a
cooperative shared services arrangement if the commissioner
determines that the financial management performance of the
district or school is unsatisfactory.
SECTION 3.02. Subchapter A, Chapter 44, Education Code, is
amended by adding Section 44.0041 to read as follows:
Sec. 44.0041. PUBLICATION OF SUMMARY OF PROPOSED BUDGET.
(a) Concurrently with the publication of notice of the budget under
Section 44.004, a school district shall post a summary of the
proposed budget:
(1) on the school district's Internet website; or
(2) if the district has no Internet website, in the
district's central administrative office.
(b) The budget summary must include:
(1) information relating to per student and aggregate
spending on:
(A) instruction;
(B) instructional support;
(C) central administration;
(D) district operations;
(E) debt service; and
(F) any other category designated by the
commissioner; and
(2) a comparison to the previous year's actual
spending.
SECTION 3.03. Subchapter A, Chapter 44, Education Code, is
amended by adding Section 44.0061 to read as follows:
Sec. 44.0061. REVIEW OF ACCOUNTING SYSTEM. (a) The
commissioner shall contract with a qualified third-party
contractor to conduct a comprehensive review of the accounting
systems used by school districts under Section 44.007.
(b) The third-party contractor conducting the review under
this section shall:
(1) provide any recommendations relating to the
accounting systems to:
(A) improve the transparency of district
spending behavior;
(B) provide more thorough information relating
to campus spending; and
(C) facilitate program evaluations, including
evaluations of compensatory education programs; and
(2) evaluate the accounting systems to determine
whether any reporting requirements should be adjusted based on
district size.
(c) Before January 1, 2007, the commissioner shall submit a
report to the legislature describing the results of the review
conducted under this section.
(d) This section expires January 2, 2007.
SECTION 3.04. Section 44.007(b), Education Code, is amended
to read as follows:
(b) The accounting system must meet at least the minimum
requirements prescribed by the commissioner [State Board of
Education], subject to review and comment by the state auditor.
SECTION 3.05. Subchapter A, Chapter 44, Education Code, is
amended by adding Section 44.011 to read as follows:
Sec. 44.011. SPENDING TARGETS FOR DISTRICT EXPENDITURES.
(a) The commissioner shall annually establish and publish the
proposed expenditures for each school district as determined by the
commissioner based on an evaluation of information relating to the
best practices of campuses and districts as described by Section
7.010. The commissioner shall consider unique characteristics of
the district, including the district's size.
(b) The proposed expenditures to be determined as required
by Subsection (a) must include amounts for:
(1) instructional expenditures;
(2) central administrative expenditures;
(3) district operations; and
(4) any other category designated by the commissioner.
(c) The board of trustees of a school district must adopt
and publish a resolution if the district intends to exceed the
proposed expenditures established by the commissioner under this
section.
SECTION 3.06. The Texas Education Agency shall study the
level of use of shared services arrangements by school districts in
this state. Before January 1, 2007, the agency shall submit a
report to the legislature describing the current status of shared
services arrangements and identify any legal impediments
restricting school districts from participating in those
arrangements.
ARTICLE 4. PUBLIC EDUCATION FUNDING FOR CERTAIN PURPOSES
SECTION 4.01. For the fiscal biennium ending August 31,
2007, the commissioner of education, to the extent not specifically
prohibited by state or federal law, shall use federal funds,
including consolidated administrative or innovative program funds,
for the purposes described by Section 44.007(b), Education Code, as
amended by this Act, and Sections 1.005, 7.008, 39.034, and
44.0061, Education Code, as added by this Act. To the extent
federal funds are not sufficient, funds may be set aside from the
Foundation School Program to fund the remaining balance.
ARTICLE 5. APPLICABILITY; EFFECTIVE DATE
SECTION 5.01. Except as otherwise provided by this Act,
this Act applies beginning with the 2006-2007 school year.
SECTION 5.02. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect on the 91st day after the last day of
the legislative session.